Case Note & Summary
Background: Three writ petitions came before the Nagpur Bench of the Bombay High Court challenging auction notices for sand ghats in Nagpur, Bhandara, and Gondia districts. The petitioners, including sitting and former Sarpanches, sought to quash the auctions on grounds of non-compliance with environmental norms and an earlier judicial order. Facts: The State of Maharashtra had issued auction notices on 5 March 2018 for 25 sand ghats in Nagpur, 21 in Bhandara, and 18 in Gondia. The petitioners contended that the auctions were held hurriedly after the High Court's judgment dated 2 February 2018 in Writ Petition No.6147/2017, which stressed strict compliance with environmental conditions. They argued that the new State mining policy of 3 January 2018 required fresh surveys and Gram Sabha resolutions, but these were not undertaken. Mining plans were allegedly prepared casually, and low rainfall necessitated fresh assessment of sand deposits. The respondents, however, maintained that the new policy applied only from the 2018-2019 season and the current auctions were under the older 2013 policy. They asserted that environmental clearances were in place and that petitions were motivated by private interests. Legal Issues: The court was asked to determine the validity of the auction notices; the applicability of the 2018 policy; whether environmental clearances and mining plans were proper; and the locus standi of the petitioners. Arguments: The petitioners emphasized the binding effect of the earlier High Court decision and pointed to procedural lapses in surveys and absence of Gram Sabha resolutions. The respondents highlighted that the 2018 policy explicitly did not govern the current season, that clearances existed, and that some petitioners had commercial interests. The court was also referred to Supreme Court decisions on environmental protection and the need to curb illegal mining. Court's Analysis: The judgment text ends before the court's analysis and decision are provided. Decision: Not mentioned.
Issue of Consideration
Whether the auction notices for sand ghats were valid given non-compliance with the earlier High Court judgment and the new State policy, and whether environmental norms and mandatory surveys were satisfied.
